Executions Overview

On November 8, 2023, Alabama Governor Kay Ivey sched­uled an exe­cu­tion date for Kenneth Smith, mark­ing the first attempt by a U.S. state to use nitro­gen gas in an exe­cu­tion. Mr. Smith was con­vict­ed of the 1988 mur­der-for-hire death of Elizabeth Sennett in Jefferson County, Alabama and has been on death row for near­ly 34 years. Following the state Supreme Court’s 6 – 2 deci­sion green­light­ing Attorney General Steve Marshall’s request for an exe­cu­tion war­rant, Gov. Ivey set a 32-hour exe­cu­tion date time­frame begin­ning on January 25, 2024. Alabama pre­vi­ous­ly attempt­ed to…

On August 25, 2023, Alabama Attorney General Steve Marshall asked the state Supreme Court to set a date for Kenneth Smith to be exe­cut­ed using nitro­gen hypox­ia, a method that has nev­er been used in any state. The deci­sion to use this method comes after Alabama botched sev­er­al exe­cu­tions. Since 2018, when Alabama ini­tial­ly autho­rized the use of nitro­gen hypox­ia in cap­i­tal pun­ish­ment, the state has been work­ing to estab­lish a pro­to­col for exe­cu­tions using this method. Alabama ini­tial­ly autho­rized nitro­gen hypox­ia amidst a short­age of lethal injec­tion drugs. Oklahoma…

On August 8, 2023, death-sen­tenced pris­on­er Aubrey Trail peti­tioned the state to set his exe­cu­tion date. Currently, there are 10 oth­ers on death row in Nebraska, but the state does not pos­sess the nec­es­sary lethal injec­tion drugs for any exe­cu­tions. Nebraska has not exe­cut­ed any­one in more than five years. The last per­son exe­cut­ed was Carey Dean Moore in 2018 via lethal injec­tion. Mr. Trail con­fessed to the 2017 killing of Sydney Loofe and was sen­tenced to death by a three-judge pan­el in 2021. In a let­ter to the Lincoln Star…

Idaho U.S. District Judge B. Lynn Winmill has ruled in favor of death row pris­on­er Gerald Pizzuto, indef­i­nite­ly paus­ing his March 2023 exe­cu­tion date, and grant­i­ng him a hear­ing in his claim that the state of Idaho vio­lates his Constitutional right against cru­el and unusu­al pun­ish­ment by repeat­ed­ly sched­ul­ing exe­cu­tion dates while know­ing the state does not have the means to car­ry it out. ​“As Pizzuto describes it,” Judge Winmill wrote, ​“defen­dants’ repeat­ed resched­ul­ing of his exe­cu­tion is like dry fir­ing in a mock exe­cu­tion or a game of Russian…

On July 29, 2023, the 8^th Circuit Court of Appeals lift­ed a tem­po­rary stay of exe­cu­tion that had been issued for Johnny Johnson, a death-sen­tenced pris­on­er in Missouri. Mr. Johnson’s attor­neys allege that he is insane and there­fore inel­i­gi­ble for exe­cu­tion. Barring a last-minute stay from the U.S. Supreme Court, Mr. Johnson will be exe­cut­ed by lethal injec­tion on August 1, 2023, for the 2002 killing of 6‑year-old Casey Williamson.

A week after Governor Ron DeSantis sched­uled his exe­cu­tion, Florida death-sen­tenced pris­on­er James Barnes (pic­tured) dis­charged his lawyers and waived his appeals. His exe­cu­tion will now pro­ceed on August 3, 2023. Since February 23, 2023, Florida has exe­cut­ed four pris­on­ers. Mr. Barnes will be the fifth pris­on­er exe­cut­ed by Florida this year and the tenth vol­un­teer executed. 

On June 29, 2023, Missouri Governor Mike Parson (pic­tured) lift­ed the stay of exe­cu­tion for Marcellus Williams, a death-sen­tenced pris­on­er con­vict­ed of mur­der­ing Felisha Gayle, a for­mer St. Louis Post-Dispatch reporter in 1998. Governor Parson also dis­solved the Board of Inquiry, a judi­cial pan­el appoint­ed by for­mer Missouri Governor Eric Greitens to review evi­dence of inno­cence and pro­vide rec­om­men­da­tions on Mr. Williams’s appli­ca­tion for exec­u­tive clemency.

In the lat­est episode of Discussions with DPIC, Anne Holsinger, Managing Director of DPIC, inter­views Dr. Sally Satel (pic­tured), a psy­chi­a­trist and senior fel­low at the American Enterprise Institute. She shares her insights on the role of severe men­tal ill­ness in death penal­ty cases. 

The accom­pa­ny­ing graph (click to view sep­a­rate­ly) dis­plays the time in years since the last exe­cu­tion by each state as of May 1, 2023.

The Oklahoma Court of Criminal Appeals (OCCA) has reset the state’s exe­cu­tion sched­ule, slow­ing down the pace at which the 25-per­son exe­cu­tion spree it autho­rized in July 2022 would move forward.